Spousal Maintenance: Alimony in Minnesota
Jeddeloh Snyder Stommes’ Attorneys are Experts in spousal maintenance agreements
What is Spousal Maintenance?Formerly referred to as alimony, spousal maintenance is the payment from the income or earnings to support the other spouse. The spousal maintenance (alimony) is awarded to the lesser-earning party. One of the key considerations in awarding spousal maintenance is the parties’ standard of living during their marriage. Other factors that may be considered are the length of the marriage, the earning capabilities and possibly the age of the spouse asking for spousal maintenance, and the income and expenses of both parties. An award of spousal maintenance can be temporary or permanent. An award of spousal maintenance also can be modified and, in some cases, terminated.
The Amount Determined
There are various factors the court considers in deciding the amount to be paid as spousal maintenance. The payment must be affordable for the payor but still assist the recipient financially. Important factors include:
- the amount necessary to live
- income already available
- the possibility of earning income in the future
The length of time spousal maintenance shall be paid can also vary based on these factors.
Factors to Consider for Spousal Maintenance
- The parties’ standard of living during their marriage
- The length of the marriage and, in the case of a homemaker, the contributions to the marriage of the homemaker and the employment opportunities forgone by the homemaker during the marriage.
- The party’s financial resources seeking spousal maintenance, including the property awarded to that spouse in the divorce. The age and the physical and emotional condition of the spouse seeking maintenance, and the ability of that spouse to become self-supporting, including following education or training.
- The spouse’s ability from whom maintenance is sought to meet their own needs while paying spousal maintenance to the former spouse.
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